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HomeMy WebLinkAbout02-0944COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is give~ that the appellant has filed in the above Court of Common Pleas an ~ from the judgment rendered by the District Justice on the date ond in the case mentioned belo~ -, 6 'L I-o2 - ~ FI t, IIo ~(~] ~ (~) ~ ~k will ~ ~ ~LY ~ ~is ~ is required u~ K · ~ ff ~1~ CLAIMANT (s~ ~. R.C.P.J.R NO. 1~8& ~b ~ of A~I, ~ ~ ~ ~ Dis~t Justice, ~11 ~ m a l~l(6) in~~ctJ~t~e,~ST ~ER~DEAS ~ ~ j~ ~ ~s~ in ~is case FILE A COMPLAINT within ~ (20) ~ filing h~ ~TICE of A~EAL. S~ of ~t~y ~ ~ty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in actio~ before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary RULEz To ~e_)en ~ sc..t'" , appellee(s), to file a complaint in this appeal t'~""T'~2~ within twe~/(20)d~s a~t~ .vice of,role or suffm .try of judgment of non pros. Name ot (1) You am notified t~t a rule Js he~y efltered upon yo~ to file a complaint in this appeal within twenty (20) days aftra the date of service of this role upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is ~e date of mailir~ COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER titing the notice of appeal, Check ~pplicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTYOF ~ ;SS AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No.upon the District Justice designated therein on (date of service) ......... ~, [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and ~pon the appellee, ('name) , on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature o! affiant Signat~re of otf, bial befcre ;d:~em a#idavi~ was made Title o! off./cia! My commission expires on ................. COMMONWEALTH OF PENNSYLVANIA ;OUNTY OF: Mag, Disl. No.: 09::!.-02 DJ Name Hon ROBERT V. MANLOVE Add~ess: 1901 STATE STREET CAMP HILL, PA T~,epho"~: (717~i 761-0583 ' 1701i*0000 CATHY DI~GIN8 1018 WILHELM RD HARRISBURG, PA 17111 THIS IS TO NOTIFY YOU, THAT " jusgment~· :,:t ..... I~1 Judgment was entered for: (Name) [-~-] Judgment was entered against: (Name) NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 468 N 32ND ST HARRISBURG, PA 17111 VS. DEFENDANT: NAME and ADDRESS FDIGGIN8, ALEX, ET AL. 1018 WILHELM RD HARRISBURG, PA 17111 Docket No.: CV- 0000467- 01 Date Filed: 12/13/01 in the amount of $ a:4R~.79 on: F--1 Defendants are jointly and severally liable. ~ Damages Will be assessed on: r--~ This Case dismissed without Prejudice: Date of Judgment) (Date & Time) Arnour~t of Judgment $ 3,377.79 Judgment Costs $ 79.00 Interest on Judgment" $ ZOO Attorney Fees $ .00 Total $ 3,456.79 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total ~-~ AmoUnt of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for__ days or ~ generally stayed. F~ Objection to levy has been filed and hearing will be held: Date: Time: Place: ' ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF T~SJ~i~'}CE ~ J UDG'~/'J'RAITSCR~PT FORM W TH YouR I~IOTICE OF APPEAL ,:.~ Date ..~..'.:' , District':~ustice I I ced [y;thct th~s ~s a true and q¢¢~t ~oDv o}¢the r¢~'r¢'~he ¢[Oceedings oo~a ~ n~ the iudament~' ' I[ ~ ~{~ Date _ / , (" ,/ '/ ~ -' ~.~ ~ , D~stnctdust~ce II ' / "¢, '~ ' - I My commission expires first Monday of J~.uary, ~6 ,. SEAL AOPC 315-99 COMMONWEALTH OF PENNSYLVANIA IGOUNTY OF: CUMBE~ Mag. Dist. NO.: 09-1-02 DJ Name: Hon. ^uu~ess: 1901 STATE STREET CAMP HILL, PA Teleph ....(717) 761- 0583 17011-0000 CATHY DIGGINS 1018 WILHELM RD HARRISBURG, PA 17111 THIS.IS TO NO~tFY YOU THAT: Judgment: ' - [-~ Judgment was entered for: (Name) ~-~ Judgment was entered against: (Name) ClVIL CASE PLAINTIFF: NAME and ADDRESS FKOSER, COLIN OR HELEN 468 N 32ND ST HARRISBURG, PA 17111 VS. DEFENDANT: NAME and ADDRESS HARRISBURG, PA 17111 L NOTICE OF JUDGMENT/TRANSCRIPT Docket No.: CV- 0000467- 01 Date F ed: 12/13/01 _J ~OR PLAINTIFF ~R;. ~T.T~ ~W WRT.I~'N in the amount of $ on: (Date of Judgment) Defendants are jointly and severally liable. (Date & Time) ~ Damages will be assessed on: ~This case dismissed without prejudice. ---]Amount of Judgment Subject to Attachment/Act 5 of 1996 $. [---] Levy is stayed for days or ~ generally stayed. ~ Objection to levy has been filed and hearing will be held: Amount of Judgment $ 3,377.79 Judgment Costs $ 79.0O Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3,~56.79 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total Date: Time: Place: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS. CIVIL DIVISION. YOU //;,,'/ cedify th, at this is a true /~,¢OJ~ Date My commission expires first Monday of January, AOPC 315-99 ]/~T F~M WITH YOUR, NOTICE OF APPEAL. : ,','~.- ,District ducst~ce '7, 'd of the proceedings co~t~ing the judgment. ~-~ I : ~;~, , ,,District Jus[ice. 2006 , SEAk ,,, PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check apPlicable boxes) COMMONWEALf~ OF PENNSYLVANIA ......... ;ss AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No ............ upon the District Justice designated therein on (date of service) , .............. [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) _ , on ....... [] by personal servJ~-'~by (certified) (regi~) mail, ~ceipt attac~e~'~ereto, [] and further that I served the Rule to File a Complaint accomCan'ying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on mail, sender's receipt attached hereto. SWORN (AFFIiRMED) AND SUBSCRIBED BEFORE ME THIS ..~_~"-_. DAYOF %¢~n~{ur,~ of off/da/before ~om ~daw~as made ~ ~lise~¢o CcbeflandCounty ~o~[ssion E~ires April 4, 2005 ~ ~~'" I Certified Fee ~ ~ Rest,cted De?ive~ Fee t2.~ ~ ~ [] by personal service [] by (certified) (registered) Signature of affiant COLIN KOSER and HELEN KOSER, ALEX DIGGINS and CATHY DIGGINS, Plaintiffs Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 02-944 CIVIL TERM You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 COLIN KOSER and HELEN KOSER, ALEX DIGGINS and CATHY DIGGINS, Plaintiffs Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 02-944 : CIVIL TERM COMPLAINT 1. The Plaintiffs are Colin and Helen Koser (hereinafter "Koser"), husband and wife, adult individuals with an address of 468 North 32nd Street, Harrisburg, Pennsylvania 17111. 2. The Defendants are Alex and Cathy Diggins (hereinafter "Diggins"), husband and wife, adult individuals with an address of 1018 Wilhelm Road, Harrisburg, Pennsylvania 17111. 3. On or about December 30, 1992, Koser as Lessor and Diggins as Lessee entered into a written residential lease (hereinafter the "Lease") whereby Koser agreed to lease the leased premises known as 124 South Front Street, Wormleysburg, Pennsylvania, three (3) bedroom, ½ house. A true and correct copy of the aforesaid Lease is attached hereto as Exhibit "A". 4. At paragraph six (6) of the Lease, Diggins expressly agreed that they had examined the Leased premises at the time of entering into the Lease and agreed that the property was in good order, repair, safe, clean and tenantable condition. 5. Under the Lease Diggins agreed, expressly and/or impliedly, to: a. maintain at their sole expense the leased premises and appurtenances in good and sanitary condition and repair during the term of their occupation; b. to keep the fixtures in the leased premises in good order and repair; and c. to not keep any domestic animals in the premises without written consent of Koser. 6. Diggins abandoned the leased premises without notice to Koser in or about September, 2001. 7. Following the abandonment by Diggins, Koser entered the leased premises and found that Diggins had caused substantial costly damage to the leased premises during their occupancy. 8. As a result of the damage caused by Diggins to the leased premises, Koser was forced to make extensive repairs and perform extensive cleaning of damages caused by Diggins and pets which were not authorized by Koser. 9. The actions and inactions of Diggins in failing to maintain the leased premises and appurtenances in good and sanitary condition and repair and in permitting unauthorized domestic animals to damage the leased premises constitute breaches of the Lease Agreement. 10. As a result of Diggins' breaches of the Lease Agreement, Koser has suffered damages in the amount of $3,555.20, as set forth more particularly as follows: Cleaning 49 hours ~ $10/hr ......................... $490.00 1. Cleaning of all rooms, stairs, windows and hallway 2. Removal of torn and cat-stained carpet throughout apartment and burned (mined) linoleum in the bathroom Damaged Property 1. Replacement of carpet and linoleum ...................... $2,350.00 2. Replacement of three (3) interior doors with holes punched in them and/or missing .......................... $142.50 3. Replacement of one (1) damaged door frame ................ $105.00 4. Replacement of three (3) broken light fixtures ................ $89.50 5. Repairs to hallway railing ................................ $75.00 6. Replacement of gas stove - excess grease, broken door and handle - unable to be repaired ..................... $300.00 7. Replacement of broken bathroom vanity .................... $104.80 8. Replacement of four (4) missing window screens and re-setting two (2) loose wind screens ....................... $158.40 9. Replacement of one (1) broken window system in front bedroom ......................................... $200.00 2 10. Replacement of broken shower rod .......................... $5.00 11. Repair drywall and plaster throughout apartment ............. $200.00 12. Replacement of sixteen (16) missing light bulbs ................ $8.00 Subtotal $4,130.20 Less deposit -575.00 TOTAL $3,555.20 11. Each and every condition precedent for the bringing of this action has occurred and/or has been performed. WHEREFORE, Plaintiffs, Colin and Helen Koser, respectfully request judgment in their favor and against Defendants, Alex and Cathy Diggins, in the amount of $3,555.20, plus interest and costs. Date: Respectfully ~mitte_,d,, Tho~'~s O. Wi~ams, Esquirex'-- Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiffs 3 Form A310 Residential Lease RESIDENTIAL LEASE Apartment,- Condominium - House BYTFHSAGREEM~NTmadeandeote~d~toon December ~019 92 betwee~ Colin L. & Helen J. Koser ,her~nrefcn~dtoasLe~or, ard Catherine Disharoon & Alex Diggins ,h~~, ~24 South Front Str~e~in~City°f Wormley~bnr~ . ~C~u?yo~ B%~%~ ~ ~c~, f~ a ~ of one ~, ~ ~mm~ on January 1 ,19 93 ,~d~don December 31 ,19 93 o'cl~k 12 ' m. 1. Rent. L~ ~ to ~y, w~ut ~ ~ ~ ~ ~nt f~ ~ de~ ~s ~ ~ of Five Hundred Seventy-five ($ 575.00 ) ~ m~ ~ adv~c ~ ~e 1st ~y of ~h ~ moa~ ~ag January 1 ,19 93 ,ot 468 N. ~2nd Street p~e~rma~O~arrisbUrg ,~m~of PA 17111 ,or at tach o~ ~ S~uri~ Dep~i~ On e~uQon of ~ 1~, ~ de~si~ ~ ~r Fiv~w~U ~re~d ~eventv-S v n -f~ive ~l~s ~ by ~ of ~ ~ims ~f. h~ ~ ~ ~ ~y ~d ~Qy have, ~, ~d ~j~ ~e ~m~ · U~ of ~em~s. ~ ~i~ ~m~ ~ ~ ~ ~d ~d by a ~vam ~le ~y ~me, ~ nei~ ~e ~s ~ ~y ~ ~f s~ ~ ~ of ~ 1~ by ~ f~ ~ ~ of ~g ~ ~y ~n~. ~s~, ~ ~ of ~y ~n~ ~ f~ ~y ~ o~r ~ ~ a ~ s~gle ~y ~. ~ s~ ~mply ~ ~t ~ ~i~ ~u~y. ~d ~a~n of ~c ~misM ~s, ~d ~e ~d~ c~n~t~ ~m, ~ ~e t~ of ~ l~e. 5. N~ber of Occupants. ~ ag~ ~ ~e demi~ ~em~s ~I ~ ~cupiM by no m~ ~E~y~ ~mns, con~g of ~w~ulm ~d ~u~ ~ ~ ~d ~ b~gs ~d ~m~, ~d ~t ~ ~, ~ ~e ~. ~, ~d a ~, c~, ~ ~le con~m. 7. A~ig~ent and Sublett~g. Wi~out the ~tor ~t~n ~nsent of Les~r, ~ sh~l not ~ ~ I~, ~ tablet ~ ~t ~y c~ion ~ ~ W ~c ~e ~ ~ ~y ~ ~f. A ~n~nt by ~ m om ~m~q ~ble~, ~c~on, ~ lgen~ s~ not ~ ~mM m ~ a c~t m ~y ~ueot ~n; sublet~ng, ~, or H~. ~ ~ subl~g, co~i~, ~en~ ~oot ~ ~ ~ ~nt of ~. ~ ~ ~mcot ~ ~b~ng by ~mion of ~w, ~aH ~ void ~ ~L ~ ~s ~o~ ~m ~ 1~. the demised premises by Le~e~ ~ Ibe exccpfioo of fixu~e~ removable wi~hou~ damage to ~ l~emises md movable personal pl~openy, shall, uule~ o~rwise provided by wfiuea agreement between Le~or ami Lessee, 9. Damage to Premises. H the demised premises, or any pan thereof, shall be partially damaged by fire or other casualty not duc to Lessee's negligence or willful act or that of his employee, family, agent, or visitor, the premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the leased premises may have been antenantable; but, if the leased premises should be damaged other than by Lessee*s negligeuce cf willful act or flint of his employee, family, agent, or visitor to the extent that Lessor shall decide not to rebeild or repair, tbe tea'm of thLs lease shall end and the vent shull be prorated up to the thne of the damase. ~quL~d on the ~emhes. except ~at sh~l bepro~dedbyLe~s~, sewer, trash, and water 19. Default. If any default is made in the payment of rent, or any pan thereof, at thc times hexeinbefme specified, or if any default is made in the pedormanee of or compliance with any other term or condition hereof, tho lease, at the option of Lessor, sha~l ~xninate and be forfeited, and Less~x may re-enter the premises and t~move all persons therefi~m. Lessee shali be given written notice of any default ~r breach, and termination and forfeitm'c of the lease shall not result if, within 30 days of reeeipt of such notice Lessee has corrected the default or breach or has taken action rcasonably~ceiy to effect such correction within a reesonablc time. 20. Abandonment. If at any time during the ~nn of this lease Lessee abandons the demised premises or any part thereof, Lessor may, at his option, enter the demised premises by any means without being liable for any prosecution therefor, and without becoming liable to Lessee for damages or for any payment of any kind whatov~, and may, at his disa*efion, as agent for Lessee, ralet the demised premises, or any ptttZ ~hereof, for the whole or any pan of the then unexpired term, and may receive and collect dl rent payable by virtue of such raletfiag, and, at Lessor's option, hold Lessee liable for m~y diffevenee between the rent that would have been payable under thislease during the balance of the unexphed term, if this lease had continued in force, and the net tent for such period realized by Lessor by means of such reletting. If Lessor's right of re-eolry is exercised following abandonment of the l~emises by Lessee, then Lessor may ¢oneide~ any pamanei property belonging to Lessee and left on the premhe~ to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for doing so, 21. Binding Effect. Thc covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be coash-ued as conditions of this lease. 22. O~er Terms: Lessee must provide Lessor with copy of t~nant insurance with a minimum liability coverage of $100,000. · the day and year first above written. c. E-Z Legal Fora VERIFICATION I, Colin L. Koser, verify the averments of the foregoing Complaint are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authori- ties. Date: ~/'J~ ,~Y~',~ By: COLIN KOSER and HELEN KOSER, Plaintiffs ALEX DIGGINS and CATHY DIGGINS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 02-944 : CIVIL TERM CERTIFICATE OF SERVICE I, Thomas O. Williams, verify that on March 12, 2002, I caused the Complaint in the above captioned matter to be placed in the United States mail, first class, postage prepaid and addressed to Defendants at 1018 Wilhelm Road, Harrisburg, Pennsylvania 17111. A copy of the certificates of mailing are attached hereto as Exhibit A. Date: March 19, 2002 Respectfully submitted, REAGER & ADLER, P.C. Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Plaintiff U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY E[E USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT I~ROVlDE FOR INSURANCE--POSTMASTER Received From: REAGER & AD~C. 2331 Camp Hil/PF1 ~'~?1~'~ One pi of or ry mail addre~$aed to: Affix fee here in stamps or il e and !,ire of PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING ,ec.i~*d ~.or.: R-EAGER & ADLER, P.C. 2331 Marke~ crop Hill, o.. ~i.. o, ~,..~ =..~.,.~ = . ~ ~.~ / w PS Form3817, Mar. 1989 Affix fee here in stamps or ostage and ['~e. ~ 7.\:~trent I COLIN KOSER and HELEN KOSER, Plaintiffs ALEX DIGG1NS and CATHY DIGG1NS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 02-944 CIVIL TERM CERTIFICATE OF SERVICE I, Thomas O. Williams, verify that on April 4, 2002, I caused the Notice which is attached hereto as Exhibit A to be placed in the United States mail, first class, postage prepaid and addressed to Defendants at 1018 Wilhelm Road, Harrisburg, Pennsylvania 17111. A copy of the certificate of mailing is attached hereto as Exhibit B. Date: April 5, 2002 Respectfully submitted, Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Plaintiff COLIN KOSER and HELEN KOSER Plaintiffs ALEX DIGGINS and CATHY DIGGINS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 02-944 CIVIL TERM IMPORTANT NOTICE TO: Alex Diggins Cathy Diggins 1018 Wilhelm Road Harrisburg, PA 17111 DATE OF NOTICE: April 4, 200~ YOU ARB IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU'. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, Date: April 4, 2002 Thomas ' ' ' Attomey I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Plaintiff U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY RE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER REAGER & ADLER, P.C. 2331 Market Street PS Form 3817, Mar. Affix fee here in stamps .~i~. t al~p and er ~0; ¢~urrent COLIN KOSER and HELEN KOSER, ALEX DIGGINS and CATHY DIGGINS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : : No.: 02-944 : : : CIVIL TERM Defendants : NOTICE OF DEFAULT JUDGMENT TO: Alex Diggins and Cathy Diggins You are hereby notified that on April ! '7 2002, judgment by default was entered against you in the sum of $3,555.20, in the above-captioned case. Date: Prothonotary 6 ' YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 I hereby certify that the following is the last known address of the Defendants: Alex Diggins and Cathy Diggins 1018 Wilhelm Road Harrisburg, PA 17111 A Defendido/a Por este medio sea avisado queen el dia __ de April, 2002, un fallo por admision fue registrado contra usted por la cantidad de $3,555.20 del caso antes escrito. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGU]R ASISTENCIA ~~?~ THOMAS O. WILLIAMS, I~SQUIRE Attorney for Plaintiff COLIN KOSER and HELEN KOSER, ALEX DIGGINS and CATHY DIGGINS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : : No.: 02-944 .' : : CIVIL TERM Defendants : PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of Plaintiffs, Colin Koser and Helen Koser, and against the Defendants, Alex Diggins and Cathy Diggins, in the amount of $3,555.20, for failure to plead to Plaintiffs Complaint. The undersigned hereby certifies that a 1 O-Day Notice of Plaintiff's intent to file the instant praecipe for default judgment for failure to respond to Plaintiff,s Complaint was mailed to Defendants. A true and correct copy of the aforementioned Important Notice is attached hereto as Exhibit A. Date: April 17, 2002 Respectfully submitted, REAGER & ADLER, P.C. THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff COLIN KOSER and HELEN KOSER,. Plaintiffs ALEX DIG-GINS and CATHY DIGGINS, Defendants IN THE COURT OF COMMON PLEAS ' CXIM~ERLAND COUNTY, PENNSY'LV.kNIA No.: 02-944 CIVIL TERM IMPORTANT NOTICE TO: Alex Diggin~q Cathy Diggins 1018 Wilhelm Road Harrisburg, PA 17111 DATE OF NOTICE: April 4, 200~ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAY[,ED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU: UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3'166 Date: April 4, 2002 Respectfully submitted, Thomas O Williams, Esquire · Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attomeys for Plaintiff i11111 * Print YOur name, a~reaa, ar~ ZIP Cocle in CURTIs R. LON , AND CO THONOT~ CARLISLE PA ~70~3 02-944 CIVIL Colin Koser and Helen Koser VS. Alex Diggins and Cathy Diggins IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 02-944 CIVIL TERM TO: W.S. MILLER & SONS, INC. 3001 Pike Street Harrisburg PA 17111-1676 RE: ALEX DIGGINS WRIT OF ATTACHMENT The above employer shell attach and deduct f£~,, the wa~es of the above a,,ployee a sm not to exceed ten (10%) of the net wa~es par pay period of said e~ployee or a stoa not to place ~,~loyee's net inccme below the poverty income guidelines as provided annually by the Federal Office of Management and Budget, whichever is less. "Net wa~es" shell mean all wa~es paid, less only the following items: 1. Federal, state and local income taxes; 2. F.I.C.A. payments and non-voluntary retirement payments; 3. Union dues; and, 4. Health insurance premitm~ The amount of wages to be attached shall totnl $ 3,555.20 (plus costs) The ~,~loyer shell send the attached wa~es co the Prothonotary, Cumberland County Courthouse~ 1 Courthouse Square, Carlisle, PA 17013, payable to Plaintiff-Creditor: Colin-and Helen Koser '' within.fifteen (15) days f£u,, the close of the last pay p~riod in each month.. The ~,ployer shall he entitled t0~ deduct' the wages collected frcm the e~ployee pursuant hereto the costs incurred flu,, the extra bookkeeping necessary to implement the tezms within the Writ of Attachment, not exceeding $5.00 of the ~ount of the wa~es so deducted. If you, the employer, are se_rv~d with more then one Writ of Attachnent for d~agas arising out of a residential lease a~ainst the same employes, then the wage attachnents shall be satisfied in the order in which said Writs of Attachment were served. Each urior wa~e attachnent shall he satisfied before any effect is given to a subsequent attachnent. You shall not take any adverse action against the employee solely because his wa~es, salaries or cu,,,,~ssions heve been attached. Violations may result in (i) being adjudged in contempt and c~,~,~%tted to jail or fined by the court and (ii) action a~ainst you by the employee for damages. Willful failure to comply with this Writ of Attac~m~ent may result in (i) yo being adjudged in contempt of court and c~,,,,~tted to jail or fined by the (ii) you being held liable for any ~nount not withheld, or withheld but not forwa ~ed to the Protho~otary's Office; and, (iii) attachment of your funds or ~roperty. This Writ of Attachment hes been entered pursuant to 42 PA. C.S.A. ~8127, as amended by House Bill 908, Act 5 of 1996, effective February 15, 1996~ A copy of writ of Attacf~ent hes been sent by U.S. Mail, postage prepaid, to the 'employee's last k~ address at: 1018 Wilhelm Road, Harrisbur9 PA 17111 Any qUestions should be directed to the Plaintiff-Creditor: Thomas~ O. Williams, Esq., 2331 Market St., Camp H~ii1 PA 1701 763-[383 Date: May 28, 2002 Prothonotary: CURTIS R., LONG Costs: Pd ATty $15.00 By Deputy: